EMPLOYER DOMINATION OR ASSISTANCE; DOMINATION OF OR ASSISTANCE TO LABOR ORGANIZATIONS – In General

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EERA section 3543.5, subdivision (d) equally bars formation, domination, and interference with the administration of an employee organization. In assessing such claims, PERB considers whether the employer’s conduct tends to interfere with the employee organization’s ability to maintain an arm’s length relationship with the employer. (Clovis Unified School District (2021) PERB Order No. IR-63, pp. 18-19; City of Arcadia (2019) PERB Decision No. 2648-M, pp. 24-25; Azusa Unified School District (1977) EERB Decision No. 38, adopting recommended decision at p. 6, fn. 3.) The level of the employer’s involvement in the employee organization’s internal affairs is relevant, particularly in determining whether the conduct rises to the level of domination or merely constitutes unlawful support or interference with internal affairs. (City of Arcadia (2019) PERB Decision No. 2648-M, p. 23; Redwoods Community College District (1987) PERB Decision No. 650, adopting proposed decision at p. 62.) (pp. 37-38.)